Possesion of Gun NOT Registered to You
A friend of mine gave/loaned me a shotgun. He moved to another state and has told me I can keep the gun. I dont want to go through the hassle of legally purchasing it from him but I want to make sure I am legal. Is it legal for me to just use it to go shoot or hunt when I want to but never have it in my name ?
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I'm not going to be able to help you in any case, but likely nobody else will either unless you tell us what state you live in. Many (most?) of us live where registration isn't necessary. 0 -
ahh, thats what i am afraid of, i live in the communist stronghold on the west coast Komiefornia 0 -
Thank him for the donation. 0 -
quote:Originally posted by BarkingDog
Is it legal for me to just use it to go shoot or hunt when I want to but never have it in my name ?
YES- as long as it is NOT Reported stolen. If it is then you got a problem. Only certain AW's need to be registered here.0 -
Okay, next question....does a normal police officer who pulls you over have the ability to check on the spot and see who the gun is registered to ?
The reason I ask is because the gun is NOT stolen but if a cop asked me "okay, lets contact the person who it is registered to" and what if I couldnt get ahold of my friend. Sometimes he doesnt answer his phone or return calls for days.0 -
- Long guns may be loaned for an indefinite period. -
http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf page 37
FTF transfer of a long gun older than 50 years is [gasp!] legal behind the Iron Curtain.
A loan might be limited to one month, if other than a long gun.
On the other hand, the chances of any LEO asking "Where'd ya get the smoke-pole, kid?" are nearly nill.
Contact Calguns.net, political forum, for more info.
If you think it might be illegal, but want to be sure, cut the barrel under 18", or the overall length under 26". Then it is definitely, and defiantly, illegal.0 -
Send it to me. Only time a firearm is registered here is when you buy it at a store. Doesn't have to be registered to own it here. Just have a preference to not own a hot one. 0 -
Just have your friend sign an affidavit stating that he gave you the gun as a gift. Then it legally belongs to you. 0 -
Don't speed or do stupid things with a shotgun in the vehicle.
If an LEO insists on "Checking if it was stolen", get a receipt [have the SN written down ahead of time, and compare your transcription with the receipt before signing].
On the other hand, an LEO can check if you are a "prohibited person", maybe in conjunction with another offense.0 -
No. In KA any transfer of a weapon among private parties who are not linearly and blood related must be done through an FFL holder and with all the applicable paperwork. 0 -
quote:Originally posted by Sperry
- Long guns may be loaned for an indefinite period. -
http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf page 37
FTF transfer of a long gun older than 50 years is [gasp!] legal behind the Iron Curtain.
A loan might be limited to one month, if other than a long gun.
On the other hand, the chances of any LEO asking "Where'd ya get the smoke-pole, kid?" are nearly nill.
Contact Calguns.net, political forum, for more info.
If you think it might be illegal, but want to be sure, cut the barrel under 18", or the overall length under 26". Then it is definitely, and defiantly, illegal.
+1
quote:The reason I ask is because the gun is NOT stolen but if a cop asked me "okay, lets contact the person who it is registered to"
Chances are the shotgun in question is not registered. It's not required in CA. If the LEO'S do anything they will run the serial#s and check it against a stolen gun list. DFG will do the same.
Edit-friking key board[;)]0 -
Now if you have a Borrowed AR-15, AK-47, 50BMG and a few others YOU WILL be checked, and thats a whole nother can of worms. 0 -
Thanks, Franc. I knew someone would recognize an answer backed up with a gub'mint document.
Remember Mark always having the long law-filled answers? He's the one who first used the term "personal handgun importer" [on this site], I believe [although it would take days to find the post.
How are the hot sands of Cali? Geez, you live so close, I can practically wave out the window at ya!0 -
It's your shotgun. If some yahoo wants to check who the "registered owner" is, tell him be your guest, but he has no legal right that I know of to take it from you. An NCIC check is performed immediately, so don't buy any horsecrap that he has to take it to check.
Get a badge number and name and ask to speak to the shift supervisor if he persist. Never give permission for anything, especially a search (fishing expedition).
Everyone is entitled to free right of travel on highways and byways unmolested. Abuse under the colour of authority don't fly.
It's never the experienced cops that want to bother you, it's the junior G-Men.0 -
quote:Originally posted by Sperry
If you think it might be illegal, but want to be sure, cut the barrel under 18", or the overall length under 26". Then it is definitely, and defiantly, illegal.
lmao0 -
Okay here is the CA law......
Sales, Loan or Transfers of Firearms
It is unlawful for a person who is not a license firearm dealer pursuant to Penal Code section 12071 to sell , loan or otherwise transfer a firearm to a non-licensed unless the sale, loan or trasnfer is completed through a licenses firearm dealer (Penal Code 12071, 12072, 12082)
So this means it is NOT legal for me to have this shotgun0 -
quote:Originally posted by BarkingDog
Okay here is the CA law......
Sales, Loan or Transfers of Firearms
It is unlawful for a person who is not a license firearm dealer pursuant to Penal Code section 12071 to sell , loan or otherwise transfer a firearm to a non-licensed unless the sale, loan or trasnfer is completed through a licenses firearm dealer (Penal Code 12071, 12072, 12082)
So this means it is NOT legal for me to have this shotgun
In your position, I'd do the transfer legally. You may prefer to give it back.0 -
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm in the
following instances:
Infrequent loans of firearms between persons who are personally known to each other for any
lawful purpose, if the loan does not exceed 30 days in duration. (Penal Code ? 12078(d).)
Loans of a firearm for the purpose of shooting at targets on the premises of a target facility
if the firearm is kept within the premises of the target facility at all times.
(Penal Code ? 12078(h).)
Loans of an unloaded firearm or a firearm loaded with blanks for use solely as a
prop for motion picture, television or other entertainment event. (Penal Code ? 12078(s).)
Loans of a long gun to a licensed hunter for a period of time not to exceed the
hunting season for which the firearm is being used. (Penal Code ? 12078(q).)
Loans to minors by a parent, legal guardian, or grandparent:
- Long guns may be loaned for an indefinite period.
- Handguns may be loaned for the purpose of engaging in a lawful activity, and the loan does not
exceed the period of time necessary to participate in the
activity.
Long guns may have the barrels shortened below NFA guidelines with granted permission of your County Sheriff.0 -
quote:Originally posted by nemesisenforcer
No. In KA any transfer of a weapon among private parties who are not linearly and blood related must be done through an FFL holder and with all the applicable paperwork.
i'm pretty sure that the latest kalifornia law, peoples republic of Illinois has been trying to pass the same law, why is a 20.00 transfer fee an issue?, i'll take free guns all day long at this price {unless of course your not legal}0 -
quote:Originally posted by Sperry
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm in the
following instances:
Infrequent loans of firearms between persons who are personally known to each other for any
lawful purpose, if the loan does not exceed 30 days in duration. (Penal Code ? 12078(d).)
Loans of a firearm for the purpose of shooting at targets on the premises of a target facility
if the firearm is kept within the premises of the target facility at all times.
(Penal Code ? 12078(h).)
Loans of an unloaded firearm or a firearm loaded with blanks for use solely as a
prop for motion picture, television or other entertainment event. (Penal Code ? 12078(s).)
Loans of a long gun to a licensed hunter for a period of time not to exceed the
hunting season for which the firearm is being used. (Penal Code ? 12078(q).)
Loans to minors by a parent, legal guardian, or grandparent:
- Long guns may be loaned for an indefinite period.
- Handguns may be loaned for the purpose of engaging in a lawful activity, and the loan does not
exceed the period of time necessary to participate in the
activity.
Long guns may have the barrels shortened below NFA guidelines with granted permission of your County Sheriff.
I am out, this guy is going in a funky direction[8D]0 -
The bottom line is, he gave you the gun. It should have been transfered from him to you through a licensed dealer if it was made after 1898.
When you buy a long gun in Calif there is "paper work" done, but the make, model, caliber or gauge is not on the form. There is no description of the piece going to the DOJ.
As long as the gun has not been reported stolen, there will be no record of it in the system. You may want to do a transfer the next time he comes to town.0 -
I'd make another attempt to escape from California, but that's just me. 0
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